Summary
A public trust position applicant, a dual citizen of Yemen and the United States, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant became a U.S. citizen in June 1999, but maintained his Yemeni citizenship and obtained a valid Yemeni passport in August 2004, after acquiring a U.S. passport. This was done to facilitate paperwork for property he jointly owned with his brother in Yemen.
Further concerns arose from the applicant's family ties, as his mother and three siblings are resident citizens of Yemen. The applicant also traveled to Yemen from December 1999 to January 2000. The judge determined that the applicant's retention of a Yemeni passport and ownership of property in Yemen raised significant security concerns, indicating foreign preference and potential foreign influence.
Although the applicant expressed a willingness to renounce his Yemeni citizenship, this was not supported by action. The combination of exercising dual citizenship, maintaining a valid Yemeni passport, owning property in Yemen, and having close family ties in the country led to the denial of the applicant's security clearance.
Why the Applicant Was Denied
- The applicant exercised dual citizenship by maintaining a valid Yemeni passport after becoming a U.S. citizen.
- The applicant's ownership of property in Yemen and family ties there created foreign influence concerns.
- The applicant's expressed willingness to renounce his Yemeni citizenship was not supported by action.
Conditions Referenced
- C10(a)(1)raisedExercise of Any Right, Privilege or Obligation of Foreign Citizenship After Becoming a U.S. Citizen
- C10(a)(5)raisedUsing Foreign Citizenship to Protect Financial or Business Interests in Another Country
- B7(a)raisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign Country
- B7(e)raisedA Substantial Business, Financial or Property Interest in a Foreign Country
- C11(b)rejectedThe Individual Has Expressed a Willingness to Renounce Dual CitizenshipThe applicant expressed willingness but took no action to renounce his Yemeni citizenship.
- C11(e)rejectedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise InvalidatedThe applicant retained a valid Yemeni passport.
Key Rule Quoted
“When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States.”
Procedural Posture
- SOR issuedOct 5, 2006
- Answer filedOct 20, 2006Applicant elected for a decision on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateMar 20, 2007
Cite For
- Foreign Preference Concerns Due to Dual Citizenship Under Guideline C
- Foreign Influence Concerns Due to Family Ties and Property Ownership in Yemen Under Guideline B
- Insufficient Mitigation of Security Concerns Despite Expressed Willingness to Renounce Foreign Citizenship.